Monday, October 29, 2007

Most judgments are not merely voidable, but are in fact VOID JUDGMENTS. They can be vacated; made to go away (Although, it is an up hill battle). Rarely has any authenticated evidence, competent fact witness, or even a claim been put before a court and on the record.

Defective affidavits, hearsay as evidence and no stated damages are but a few elements that rob the court of subject matter jurisdiction (at last count there are 22 elements that deprive the court of SMJ). Some of the elements are: denial of due process, denial of access to court, fraud upon the court, and fraud upon the court by the court.

Common pleas such as "open account" or "account stated" are often used in place of, and sometimes in conjunction with, breach of contract. To file under breach a contract would require that they bring in the signed contract, agreement, or note. They don't bring in a contract, they bring in the "terms of agreement" which has no signature or persons name on it, a template that could apply to anyone.

These are just some of the tools used by debt collectors (credit card debt collectors in particular) and their counsel to perpetrate a fraud upon the court, with or without the courts cooperation or complicity.

At the same time, courts, almost as a rule, openly display a bitter and venomous hatred of pro se / pro per litigants. So don't expect the courts to just roll over and give you what you demand without a battle. It doesn't matter to them that you are right, it matters only that you are pro se; an inferior, low life being, and the courts have a position and the income of their brotherhood to protect.

These are the four secrets:

1. Courts of general, limited, or inferior jurisdiction have no inherent judicial power.*

Courts of general, limited, or inferior jurisdiction get their jurisdiction from one source and one source only: SUFFICIENT PLEADINGS.

Someone before the court must tell the court what its jurisdiction is.

Without pleadings sufficient to empower the court to act, that court cannot have judicial capacity.

No judge has the power to determine whether he has jurisdiction. He does have the duty to tell when he does not.

....What this means to you is that no court can declare that it has the legal power to hear or decide cases, i.e. jurisdiction. Jurisdiction must be proved and on the record. Without sufficient pleadings, without jurisdiction, no court can issue a judgment that isn’t void ab initio, void from the beginning, void on its face, a nullity, without force and effect.

2. We have a common law system.

No statute, no rule, or no law means what it says as it is written.

Only the holding tells you what it means.

The statute means what the highest court of competent jurisdiction has ruled and determined that the statute means in their most recent ruling.

....What this means to you is that courts are governed/ruled by case law, what has been determined before, what the highest court of competent jurisdiction has said the law is, means. It is called the Doctrine of Precedent. This doctrine is so powerful that it can kill and has. A family in Florida has become quite familiar with this doctrine when they tried for 15 years to prevent feeding tubes from being removed from their daughter who was in a vegetative state.

3. Attorneys CANNOT testify.

Statements of counsel in brief or in argument are never facts before the court.

....What this means to you is that no attorney can state a fact before the court. This was more than adequately pointed out in 2000 when thousands of Florida ballots were taken before the U.S. Supreme Court, without even so much as one competent fact witness. Without a witness the court could not see the ballots, the ballots were not before the court, and the ballots could not be introduced as evidence.

4. Before any determination, there must be a court of complete or competent jurisdiction.

There must be two parties with capacity to be there.

There must be subject matter jurisdiction.

Appearance or testimony of a competent fact witness.

....What this means to you is that without jurisdiction, complete jurisdiction, no court can issue a judgment that isn’t void, a nullity, without force or effect, on its face and in fact.

*"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." U.S. Const. art. III, § 1, cl. 1.

Saturday, October 06, 2007

Members of Men and Women Against Discrimination, a Vienna-based children's advocacy group, rally in front of the Charleston Town Center along Lee Street on Oct. 1 to raise awareness of inequities in the way domestic violence cases are handled in the West Virginia judicial system. (Photo by Lawrence Smith)

CHARLESTON - The release of a study indicating that most of the petitions for domestic violence protection orders may be used for leverage in a divorce or child custody proceeding comes as cold comfort to those who've experienced it firsthand."I was so innocent, and the evidence was so profound, I was able to beat that in court myself," said Teresa Lowe.Lowe was among the 25 people who gathered along Lee Street in front of the Charleston Town Center Mall Monday, Oct. 1 as part of a rally and press conference held by Men and Women Against Discrimination. To kick off National Domestic Violence Awareness Month, the Vienna-based children's advocacy group staged the event to release two studies showing inequities in the West Virginia judicial system when it comes to domestic violence.The first study was an analysis of all petitions for domestic violence protective orders filed in Cabell County Family Court during the 2006 calendar year. According the study, 76 percent of all petitions are dismissed.Using the Cabell County statistics as a model, the second study showed that the time and resources lost in dealing with those dismissed petitions is $18 million.Though she now lives in her native Wood County, Lowe, 38, says the analysis of Cabell County holds true in Jackson County, where she used to live with her now ex-husband. In the course of their divorce proceeding, Lowe says he leveled accusations against her of child abuse in an attempt to gain custody of their children.Though the tactic eventually failed, Lowe says she and her children are still feeling the repercussions of those allegations."I've spent six years of my life tied up in court," Lowe said.Likewise, Chris Saunders says the same holds true in Wayne County which not only neighbors Cabell County, but also shares part of Huntington. According to Saunders, accusations of domestic violence were leveled against him on nine different occasions by his ex-wife, not including additional allegations he molested his daughter, which led to two warrants being issued for his arrest.Now since exonerated of all the charges leveled against him, Saunders, 37, who now lives in Burlington, Ohio, says the studies MAWAD released has a therapeutic effect for him."I just like seeing the information get out," Saunders said. "Nobody should have their children torn away for making false allegations."Hopefully, Sanders says, the studies will convince lawmakers to pass bills criminalizing false reporting of domestic violence, and creating 50/50 parenting plan."What we're talking about is children having a right to both halves of themselves," Saunders said.Charles Pope says both he and wife were victims of domestic violence. He for not being provided assistance after she battered him one night, and her for being provided too much assistance under the assumption she was the victim.According to Pope, who lives on Charleston's West Side, his wife become violent one night in January. Unbeknownst to him, Pope says, his wife was taking medication for depression, and had been diagnosed with schizophrenia. "She just snapped," Pope said.When police came to their house at her urging, Pope says they were prepared to arrest him. However, with the intervention of his pastor, police placed her in custody.Instead of being arrested, Pope says, his wife was taken to CAMC for evaluation. Believing she was the victim of domestic violence, the hospital referred her to a local shelter for battered women.Later, when he attempted to have a mental hygiene warrant served on her by Kanawha County Sheriff's Department, Pope says, people at the shelter told deputies she was not there. However, when he publicly detailed his ordeal at a conference on male victimization in April, his wife was released from the shelter."And she really never got the help," Pope said.Pope says he hopes that police will begin to investigate each domestic violence-related case on its merits instead of arriving on the scene with the assumption the man is the guilty party. Likewise, he would like to see more services, especially overnight shelter, provided to male victims of domestic violence."There's too many politicians hooked up in the foolishness of all this," Pope said. "They don't believe a man can be a victim of domestic violence.""I'm living proof of it," he addedCharly Young says she knows too well of the man-is-guilty mentality many law enforcement officers have. Though she was not formally part of MAWAD's rally, Young, 29, who lives in downtown Charleston, donned one of their T-shirts and joined them in a march around the Town Center on her way to the transit mall. About two weeks ago, Young says, she and her fiancee got into a heated argument. The argument centered about coping with financial difficulties they are experiencing.Needless to say, police were summoned to their apartment. Despite telling police no blows were struck, and she shared part of the blame in creating the disturbance, Young said police encouraged her to press charges against her fiancee."The police really didn't care," Young said. "They just wanted to take somebody down."For Young, the matter was "culture shock." A native of Washington, D.C., Young said she moved to Charleston after leaving an abusive relationship in Baltimore in 2003. After being nearly choked to death by her former boyfriend, Young says she found it incomprehensible that her word alone could have sent her fiancee to jail.According to Young, the financial challenges she and her fiancee are having stem from a gunshot wound he suffered three years ago. He is still rehabilitating from that wound, and has not had steady employment since then.Though acknowledging money won't solve all their problems, Young says if more were done to alleviate poverty, then that would go a long way in curbing domestic violence."That is where domestic violence comes from in the poor neighborhoods," Young said.Lawrence Smith

Tuesday, October 02, 2007

Let me talk with you a little about the Affairs of our own Colony. I perswade my self, my dear Friend, that the greatest Care and Circumspection will be used to conduct its internal Police with Wisdom and Integrity. The Eyes of Mankind will be upon you to see whether the Government, which is now more popular than it has been for many years past, will be productive of more Virtue moral and political. We may look up to Armies for our Defence, but Virtue is our best Security. It is not possible that any State shd long remain free, where Virtue is not supremely honord. This is as seasonably as it is justly said by one of the most celebrated Writers of the present time. Perhaps the Form of Governmt now adopted & set up in the Colony may be permanent. Should it be only temporary the golden opportunity of recovering the Virtue & reforming the Manners of our Country should be industriously improvd. Our Ancestors in the most early Times laid an excellent Foundation for the security of Liberty by setting up in a few years after their Arrival a publick Seminary of Learning; and by their Laws they obligd every Town consisting of a certain Number of Families to keep and maintain a Grammar School. I shall be very sorry, if it be true as I have been informd, that some of our Towns have dismissd their Schoolmasters, alledging that the extraordinary Expence of defending the Country renders them unable to support them. I hope this Inattention to the Principles of our Forefathers does not prevail. If there should be any Danger of it, would not the leading Gentlemen do eminent Service to the Publick, by impressing upon the Minds of the People, the Necessity & Importance of encouraging that System of Education, which in my opinion is so well calculated to diffuse among the Individuals of the Community the Principles of Morality, so essentially necessary to the Preservation of publick Liberty.There are Virtues & vices which are properly called political. "Corruption, Dishonesty to ones Country Luxury and Extravagance tend to the Ruin of States." The opposite Virtues tend to their Establishment. But "there is a Connection between Vices as well as Virtues and one opens the Door for the Entrance of another." Therefore "Wise and able Politicians will guard against other Vices," and be attentive to promote every Virtue. He who is void of virtuous Attachments in private Life, is, or very soon will be void of all Regard for his Country. There is seldom an Instance of a Man guilty of betraying his Country, who had not before lost the Feeling of moral Obligations in his private Connections. Before [Dr. Benjamin Church, Jr.] was detected of holding a criminal Correspondence with the Enemies of his Country, his Infidelity to his Wife had been notorious. Since private and publick Vices, are in [Volume 1, Page 669] Reality, though not always apparently, so nearly connected, of how much Importance, how necessary is it, that the utmost Pains be taken by the Publick, to have the Principles of Virtue early inculcated on the Minds even of Children, and the moral Sense kept alive, and that the wise Institutions of our Ancestors for these great Purposes be encouragd by the Government. For no People will tamely surrender their Liberties, nor can any be easily subdued, when Knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own Weight without the Aid of foreign Invaders.

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Parental Rights Amendment - S.R. 519

When I despair, I remember that all through history the ways of truth and love have always won. There have been tyrants, and murderers, and for a time they can seem invincible, but in the end they always fall. Think of it--always.